29 July 1848. 3 Feb. 1853 2. 10 Stat. 154. Extended to widows married after 1800. 28 Feb. 1855 23. 10 Stat. 616. this act as now prevail under existing pension laws, which relate to widows of revolutionary officers and soldiers. 53. The widows of all officers, non-commissioned officers, musicians and privates of the revolutionary army, who were married subsequent to January, Anno Domini 1800, shall be entitled to a pension in the same manner (a) as those who were married before that date.(b) 54. The widows of the officers, non-commissioned officers, marines or mariners who served in the navy of the United States during the revolutionary war, and who were And to widows married since the first day of January 1800, shall be entitled to pensions in the same manner and to the same extent as the widows of the officers and soldiers of the army of the revolution, under the second section of the act of February 3d 1853. of those who served in the navy. 16 Mar. 1802 14. 2 Stat. 135. Invalids to be placed on the peusion list. III. INVALID PENSIONS. 55. If any officer, non-commissioned officer, musician or private, in the corps composing the peace establishment, (c) shall be disabled by wounds or otherwise, (d) while in the line of his duty in public service, (e) he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the president of the United States for the time being: Provided always, That the comAmount of pen- pensation to be allowed for such wounds or disabilities to a commissioned officer shall not exceed for the highest rate of disability half the monthly pay of such officer, (g) at the time of his being disabled or wounded; and that no officer shall receive more than the half-pay of a lieutenant-colonel; and that the rate of compensation to non-commissioned officers, musicians and privates, shall not exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability. sion. Ibid. 15. Widows and children of officers dying of wounds to have half-pay for five years. 25 April 1808 ? 4. 2 Stat. 496. All persons wounded or disabled in the military service to receive pensions. Ibid 5. How paid. 24 April 1816 ? 1. 3 Stat. 296. Amount of cer tain invalid pensions regulated. Ibid. 22. 56. If any commissioned officer (h) in the military peace establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children shall be entitled to and receive half the monthly pay, to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half-pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided always, That such half-pay shall cease on the decease of such child or children.(i) 57. Any officer, non-commissioned officer, musician or private, who has been wounded or disabled since the revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment or the militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the pension list of the United States, at such rate of compensation, and under such regulations as are prescribed by the act entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed April the 10th 1806. 58. The pensioners becoming such in virtue of this act, shall be paid in the same manner as invalid pensioners are paid, who have heretofore been placed on the pension list of the United States, under such restrictions and regulations in all respects, as are prescribed by the laws of the United States, in such cases provided. 59. All persons, of the ranks hereinafter named, who are now on the military pension roll of the United States, shall, from and after the passage of this act, be entitled to, and receive, for disabilities of the highest degree, the following sums, in lieu of those to which they are now entitled, (k) to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a non-commissioned officer, musician or private, eight dollars per month; and for disabilities of a degree less than the highest, a sum proportionably less. 60. All persons of the aforesaid ranks, who may hereafter be placed on the military pension roll of the United States, shall, according to their ranks and degrees of disabili (a) This extends to widows pensioned under this act, the 2d section of the act 29 July 1848, (supra, 52). Payne v. Ridgway, 9 Law Rep. 451. (b) The act 5 August 1854, provides that this act shall not be construed to deprive any widow from the benefits therein granted for the services of her husband. though she may have married again, provided she be a widow at the time of making the claim; but such party shall not receive pension during coverture. 10 Stat. 581-2. (c) This includes the cadets at the military academy. 1 Opin 348. (d) If they have lost their health, whilst in the line of their drty, to such an extent as to be disabled from performing duty any more, they are within the act. 1 Opin. 181. (e) Every officer &c., in full commission, and not on furlongh, must be considered in the line of his duty, although at the mo ment no particular duty is devolved upon him. 1 Opin. 181. (g) The rate of the invalid pension of an officer depends on bis lineal, not on his brevet rank. 6 Opin. 88. () This includes the widows and children of paymasters. 3 Opin. 434. (i) This section is re-enacted by act 12 April 1808 § 5, (2 Stat. 483); and 3 March 1815 27. 3 Stat. 225. (k) A subaltern claiming the benefit of this act, is not entitled to any allowance for services as a staff officer. Mayo & Moulton's Pension and Bounty Land Laws, 537. ties, be placed on at the aforesaid rates of pensions in lieu of those heretofore established: 24 April 1816. Provided, That nothing herein contained shall be construed to lessen the pension of any To govern in all person who, by special provision, is entitled to a higher pension than is herein provided, future cases. 61. All persons entitled to pensions, in conformity with the provisions of the act 3 March 1819 4. entitled "An act to provide for persons disabled by known wounds during the revolutionary war," passed April the 18th 1806, and also, the fourth section of an act entitled "An act concerning invalid pensioners," passed the 25th of April 1808, may roll without being reported to be placed on the pension list by the secretary of war, without reporting the same to con- congress. gress. 3 Stat. 528. Pensioners may be placed on the 5 Stat. 657. 62. No pension shall be hereafter granted to a widow for the same time that her hus- 30 April 1844 1. band received one. (a) And provided also, That no person in the army, navy or marine corps shall be allowed to draw both a pension as an invalid, and the pay of his rank or Widow not to receive pension for station in the service, unless the alleged disability for which the pension was granted, the same time as be such as to have occasioned his employment in a lower grade, or in some civil branch of the service. (b) her husband. 5 Stat. 796. extend to widows 63. The act entitled "An act making appropriations for the payment of revolutionary 23 January 1845. and other pensions of the United States for the fiscal year ending on the 30th of June 1845," shall not be so construed as in any way to affect the claims of those widows whose Act of 1844 not to application for a pension, or an arrear of pension, at the passage of this resolution, shall whose applica have been made and filed in the pension office, awaiting the decision of the commissioner tions have been of pensions thereon. filed. 5 Stat. 724. 64. A pension shall not be granted to any widow for or during any part or portion of 20 Feb. 1845 3 1. the time her husband may have received one, whose declaration therefor shall not have been made on or before the 30th day of April 1844, and shall not have been received at the pension office on or before the 23d day of January 1845.(c) 9 Stat. 6. What evidence to be furnished by 65. No widow entitled to a pension under existing laws, and claiming a pension, whose 7 May 1846 2 2. husband was drawing a pension at the time of his decease, shall be required, in any such case, to furnish any further evidence that said husband was entitled to a pension; (d) nor shall any evidence, in any case, be required to entitle the widow to a pension, when widows. the evidence is in the archives of the government, other than such proof as would he sufficient to establish the marriage between the applicant and the deceased pensioner in civil personal actions in a court of justice: [Provided, That, upon a revision of the testimony in the case of the deceased husband, the commissioner be satisfied that the pension was properly granted.] (e) 9 Stat. 246. laws extended to 66. The acts of congress granting pensions to soldiers disabled by wounds or other 10 July 1848 3 1. wise, while in the line of their duty in public service, shall be construed to apply to the enlisted men of the ordnance department who have been or may be disabled, in the Invalid pension same manner as to non-commissioned officers, artificers, musicians and privates of other the ordnance. corps of the army, subject to the limitation that in no such case shall the pension exceed the rate of eight dollars per month. IV. PENSIONS TO SOLDIERS OF THE WAR OF 1812. list. 2 Stat. 673. 67. If any officer, non-commissioned officer, musician or private, shall be disabled by 11 Jan. 1812 § 14 wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pension and under such regu- Wounded and disabled officers, lations as are or may be directed by law: Provided always, That the compensation to be &c., to be placed allowed for such wounds or disabilities, to a commissioned officer, (g) shall not exceed on the pension for the highest rate of disability half the monthly pay of such officer, at the time of his being disabled or wounded; and that no officer shall receive more than the half-pay of a lieutenant-colonel; and that the rate of compensation to non-commissioned officers, musicians and privates, shall not exceed five dollars per month: And provided also, That Rate of pension. all inferior disabilities shall entitle the persons so disabled to receive an allowance proportionate to the highest disability.(h) Ibid. 15. Allowance to 68. If any commissioned officer in the military establishment of the United States, shall, while in the service of the United States, die by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child or children widow and child. under sixteen years of age, such widow, or if no widow, such child or children, shall be (a) See infra, 63. And for the construction of this clause, see Mayo & Moulton's Pension and Bounty Land Laws, 550. (b) An officer who, having lost a limb in the war of 1812, was mustered out of the service upon a captain's pension, and after wards appointed battalion paymaster, may be regarded as having been appointed to the civil branch of the service, within the meaning of this act, and entitled to receive both his pension and his pay. 5 Opin. 51. (e) All declarations for pensions made prior to the act 30 April 1844, restricting widows to only such part of the five years' pension as their husbands did not receive, are free from the influence of the restriction. From its passage to 23 January 1845. they were subject to the restriction; but subsequently to the latter date, they were again free from it. 4 Opin. 376. ren of officers. (d) The fact that the husbands were upon the roll and drew pen sions. is presumptive evidence that they were entitled to them; yet, if they were not, that fact may be proved. The onus, how. ever, is upon the government to show that they were not en titled. 4 Opin. 497. (e) This proviso is repealed by act 26 June 1848 2. 9 Stat. 240. (g) This does not provide pensions for aids-de-camp as such; and therefore they can receive only the pensions to which their com missions entitle them. 1 Opin. 413. (h) This section is re-enacted by act 29 January 1813 10. 2 Stat. 795. 11 Jan. 1812. entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. (a) But in case of the death or intermarriage of such widow before the expiration of the said term of five years, the half-pay for the remainder of the time shall go to the child or children of such deceased officer: Provided always, That such half-pay shall cease on the decease of such child or children. 3 Feb. 1853 10 Stat. 154. 1. Act of 1849 extended to soldiers 69. That the act approved the 22d of February 1849, "granting five years' half-pay to certain widows and orphans of officers, non-commissioned officers, musicians and privates, both regular and volunteer,"(b) be so extended and construed as to embrace the of the war of 1812. widows and minor heirs of the officers, non-commissioned officers, musicians and privates of the regulars, militia and volunteers of the war of 1812, and of the various Indian wars since 1790.(c) And of the Indian wars. 21 July 1848 21. 9 Stat. 249. V. PENSIONS TO SOLDIERS OF THE MEXICAN WAR. 70. The provisions of the first section of the act entitled "An act granting half-pay to widows or orphans, where their husbands and fathers have died of wounds received in Act of 1836 to the military service of the United States, in certain cases, and for other purposes,” apply to widows, &c., of soldiers of approved July 4th 1836, (d) shall be applicable to all widows and orphans of officers, the Mexican war. non-commissioned officers, musicians and soldiers of the army of the United States, who were in the army of the United States on the first day of March 1846, or at any subsequent period during the present war between the United States and Mexico.(e) Ibid. ? 2. 71. All widows and orphans of officers, non-commissioned officers, musicians and priRate of pension. vates, whether of the regular army or of volunteers, who have died since the first day of April 1846, or who may die during the war with Mexico, from wounds received or from disease contracted while in the line of duty, shall be entitled to the same rate of pension as is provided for in the first section of the before-mentioned act, under like limitations and restrictions: Provided, Said death has occurred, or may hereafter occur, while said officers, non-commissioned officers, musicians or privates were in the service of the United States, and in the line of duty; or while returning to their usual place of residence in the United States, after having received a discharge, upon a surgeon's certificate, for disability incurred from wounds received or disease contracted while in the line Exceptions from of duty, or while on their march to join the army in Mexico: And provided further, That this act shall not be applicable to the widows and orphans of such officers, non-commissioned officers, musicians or privates who have not served in Mexico or at posts or stations on the borders of Mexico; except where such officers, non-commissioned officers, musicians or privates have died while on their march to join the army in Mexico. the act. Ibid. 23. 72. All pensions under this act shall be granted under such rules, regulations, restricRegulations to be tions and limitations as the secretary of war, with the approbation of the president of the United States, may prescribe. prescribed. 22 Feb. 1849 1. 9 Stat. 347. act of 1838 extended. 73. The provisions of the second section of the act entitled "An act amending the act entitled 'An act granting half-pay to widows or orphans, where their husbands and Provisions of the fathers have died of wounds received in the military service of the United States,' in cases of deceased officers and soldiers of the militia and volunteers," approved July 21st 1848, shall be so construed as to embrace all widows and orphans of officers, non-commissioned officers, musicians and privates, whether of the regular army or of volunteers, who have received an honorable discharge, or who remained to the date of their death in the military service of the United States, and who have died, since their return to their usual place of residence, of wounds received, or from disease contracted while in line of duty; subject to such rules, regulations and restrictions, as the secretary of war, by the third section of said act, is authorized to impose. 3 March 1849. 9 Stat. 418. be sufficient. 74. In all applications for pensions by the widows of deceased soldiers, under the act of July 21st 1848, the returns on the rolls, of the disease of which the soldier died, and What evidence to the official opinion of the surgeon-general founded thereon, that from the nature of the disease it was contracted while the soldier was in the line of his duty, shall be considered satisfactory evidence thereof, without the proof now required at the pension office. And it shall be the duty of the commissioner of pensions, in all cases of application for pensions under said act, to apply to the proper officers for said evidence, without requir ing the applicant to furnish the same. (a) Extended to ten years, by act 3 March 1819. 3 Stat. 502. Under this act, the widows and children of officers, &c., who had died since the war, were held entitled to a renewal of their pensions. 2 Opin. 371. (b) See infra, 73. e) The act 5 August 1854 provides that this act shall not be construed to deprive any widow of the benefits therein granted for the services of her husband, though she may have married again; provided the applicant is a widow at the time of making the claim; and provided such party shall not receive pension during coverture. 10 Stat. 581-2. commissioned officers, musicians and privates engaged in the military service of the United States in the war with Mexico, and who served out the term of their engagement, or have been or may be honorably discharged-and first to the widows, second to the children, third to the parents, and fourth to the brothers and sisters of such who have been killed in battle, or who died in service, or who, having been honorably discharged, have ince died, or may hereafter die, without receiving the three months' pay herein provided for-shall be entitled to receive three months extra pay: Provided, That this provision of this fifth section shall only apply to those who have been in actual service during the war." 9 Stat. 248. See 5 Opin. 168, as to the construction of this act. 9 Stat. 564. "" Act of 1848 further extended. 75. The provisions of the second section of the act entitled "An act amending the act 28 Sept. 1850. entitled 'An act granting half-pay to widows or orphans where their husbands and fathers have died of wounds received in the military service of the United States,' approved July 21, 1848, extended by the act of February 22, 1849, shall be construed to embrace the widows and orphans of all persons designated therein, who died while in actual service in the late war with Mexico, or in going to and returning from the same; and also to the widows and orphans of all such persons as, having been honorably discharged, or having resigned, shall have died after the passage of said last-mentioned act, or who may hereafter die of wounds received or from disease contracted while in said service: Provided, That the army rolls showing the death of any of said persons in the army, shall be sufficient evidence to establish that fact. 10 Stat. 154. tinued for five years longer. 76. That all widows and orphans who were granted and allowed five years' half-pay by 8 Feb. 1853 ? L the provisions of the act approved the 21st day of July 1848, entitled "An act amending the act granting half-pay t widows or orphans where their husbands or fathers have Pensions condied of wounds received in the military service of the United States, in case of deceased officers and soldiers of the militia and volunteers, passed July 4th 1836," or an act approved the 22d day of February 1849, entitled "An act granting five years' half-pay to certain widows and orphans of officers, non-commissioned officers, musicians and privates, both regulars and volunteers," be and they are hereby granted a continuance of said half-pay, under like limitations and restrictions, for a further period of five years, to commence at the expiration of the half-pay provided for by the aforesaid acts: Provided however, That in case of the death or marriage of such widow before the expiration of said term of five years, the half-pay for the remainder of the term shall go to the child or children of the deceased officer or soldier, whilst under the age of sixteen years; and in like manner, the child or children of such deceased, when there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: And provided further, That no greater sum shall be allowed in any case to the widow, or the child or children of any officer, than the half-pay of a lieutenant-colonel. (a) VI. MILITIA PENSIONS. 3 Stat. 73. children of mili 77. If any commissioned officer of the militia, or of any volunteer corps, shall, while 2 Aug. 1813 1 in the service of the United States, die by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child or children under six- Widows and teen years of age, such widow, or if no widow, such child or children, shall be entitled tiamen, &c., to receive half the monthly pay to which the deceased was entitled at the time of his dying of wounds to have five years death, for and during the term of five years; but in case of the death or intermarriage pension. of such widow, before the expiration of the said term of five years, the half-pay for the remainder of the time shall go to the child or children of such deceased officer: Provided always, That such half-pay shall cease on the death of such child or children. Ibid. 2. pension list. 78. If any officer, non-commissioned officer, musician or private of the militia, or of any volunteer corps, shall be disabled, by known wounds received in the actual service Invalids to be of the United States, while in the line of his duty, he shall upon substantiating his claim, placed on the in the manner described by an act entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed the 10th day of April 1806,(b) be placed on the list of invalids of the United States, at such rate of pension, and under such regulations as are provided by the said act, or as may hereafter be provided by law:(c) Provided always, That the compensation to be allowed for such wounds or Rate of pension. disabilities, to a commissioned officer, shall not exceed for the highest rate of disability half the monthly pay of such officer at the time of his being wounded or disabled, and that no officer shall receive more than the half-pay of a lieutenant-colonel; and that the rate of compensation to non-commissioned officers, musicians and privates, shall not exeed five dollars per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive an allowance proportionate to the highest disability. 3 Stat. 297. 79. All laws and regulations relating to the admission of the officers and soldiers of 24 Sept. 1816 § 3. the regular army to be placed on the pension roll of the United States, shall and they are hereby declared to relate equally to the officers and soldiers of the militia, whilst in Pension laws exthe service of the United States. tended to militia, 3 Stat. 459. 80. The widows and orphans of the militia who have been called into [the] service 20 April 1818 ? 2 of the United States since the said first day of September 1817, or who hereafter may be called into the said service, in prosecuting said war, (d) and who may have died or (a) The act 5 August 1854 provides that this act shall not be construed to deprive any widow from the benefits therein granted for the services of her husband, though she may have married again, provided she be a widow at the time of making the claim: but such party shall not receive pension during coverture. 10 Etat. 581-2. (b) See supra, 5. (c) See act 16 April 1816, making further provision for military services during the late war. 3 Stat. 285. And act 3 March 1817, to amend the former act. 3 Stat. 391. Also act 3 March 1819 concerning the allowance of pensions upon a relinquishment of bounty lands. 3 Stat. 524. And as to the construction of thes acts, see 1 Opin. 195, 273. 2 Opin. 62. (d) The war against the Seminole Indians; see 1 of this act. 3 Stat. 459. Pensions to 20 April 1818. been killed, or hereafter may die or be killed, in such service, shall be entitled to the same half-pay, for five years, and pensions, allowed by the laws now in force to the widows widows, &c., of and orphans of the militia who died or were killed in the service of the United States, during the late war with Great Britain. militia killed in the Seminole war. 4 July 1836 3 1. 5 Stat. 127. Extended to widows, &c., of service. 81. When any officer, non-commissioned officer, musician or private of the militia, including rangers, sea fencibles and volunteers, shall have died while in the service of the United States, since the 20th of April 1818, or who shall have died in consequence those who have of a wound received whilst in the service, since the day aforesaid, and shall have left a since died in the widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, or receiving such wound, for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years, the half-pay for the remainder of the time shall go to the said decedent: (a) Provided, That the half-pay aforesaid shall be half the monthly pay of the officers, non-commissioned officers, musicians and privates of the infantry of the regular army, and no more: Provided also, That no greater sum shall be allowed to the widow or to the child or children of any officer, than the half-pay of a lieutenant-colonel. Ibid. 4. Not to be transferable. Oath of agent to receive pension. Ibid. 5. Regulations. 4 March 1814 2. 3 Stat. 103. Widows and children of sea men, &c., dying of wounds, to have five years' pension. 18 April 1814 3 Stat. 127. 1 82. Any pledge, mortgage, sale, assignment or transfer of any right, claim or interest in any money or half-pay granted by this act, shall be utterly void and of no effect. Each person acting for and in behalf of any one entitled to money under this act, shall take and subscribe an oath, to be administered by the proper accounting officer (b) and retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever. 83. The secretary of war shall adopt such forms of evidence in applications ander this act, as the president of the United States shall prescribe. VII. NAVAL PENSIONS.(c) 84. If any seaman or marine belonging to the navy of the United States shall die, or if any officer, seaman or marine belonging to the navy of the United States, shall have died since the 18th day of June, in the year of our Lord 1812, by reason of a wound received in the line of his duty, (d) leaving a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for the term of five years; (e) but in case of the death or intermarriage of such widow before the expiration of the said term of five years, the half-pay for the remainder of the term shall go to the child or children. of the deceased: Provided, That such half-pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund under the direction of the commissioners of that fund. 85. The officers and seamen of the revenue cutters of the United States, who have been or may be wounded or disabled in the discharge of their duty whilst co-operating Officers and sea- with the navy by order of the president of the United States, shall be entitled to he cutters, when to placed on the navy pension list, at the same rate of pension, and under the same regu be placed on the lations and restrictions as are now provided by law for the officers and seamen of the men of revenue pension list. 16 April 1816 27. 3 Stat. 288. navy. 86. In cases where the allowance of the half monthly pay, which may now be granted by law, to officers, seamen and marines, disabled in the service of the United States, shall, in the opinion of the commissioners of the navy pension fund, from the nature may be increased. and extent of the disability, and the situation of the party disabled, be inadequate to his When pensions to seamen, &c., 4 Stat. 550. necessary subsistence, the said commissioners shall be and hereby are authorized, in their discretion, to increase such allowance to any sum not exceeding the full amount of the monthly pay to which the party so disabled was by law entitled in the said service. 20 June 1832 1. 87. In all cases where provision has been made by law for the five years' half-pay to widows and children of officers, seamen and marines who were killed in battle, or who Naval pensions to died in the naval service of the United States; and also, in all cases where provision has been made for extending the term for five years, in addition to any term of five years, the said provision shall be and is hereby further extended for an additional term of five years, (g) so far as respects widows only, to commence at the end of the current or last expired term of five years in each case, respectively; which pension shall be paid out widows, &c., continued for five years. (a) For the construction of this act, see 3 Opin. 147, 152, 203. Mayo & Moulton's Pension and Bounty Land Laws, 541. (b) An agent for paying pensions is not such accounting officer. 3 Opin. 203. But see infra, 132, 134. (c) The act 23 April 1800. for the better government of the navy of the United States, provides that every officer, seaman or marine, disabled in the line of his duty, shall be entitled to receive for life, or during his disability, a pension from the United States, according to the nature and degree of his diability, not (e) Extended and continued by acts 3 March 1819, (3 Stat. 502); |